Text Box 8.4: ORIC’s Model rule
book for RNTBCs
In November 2022, ORIC published a
Model rule book for RNTBCs84 which is a
‘live document’, last updated 9 May 2023.
ORIC welcomes feedback on the model at
any time to publications@ORIC.gov.au
In relation to eligibility for membership of
a PBC, the model rule book has guides for
direct and indirect membership models
that provide restrictions on who can and
cannot be native title holders. If disputes
over member eligibility arise, then having
dispute resolution provisions in the
constitution are key. AIATSIS highlights
PBC models that refer membership
disputes to regional bodies:
The Githabul Nation Rule Book
includes a process where the PBC
goes to NTSCorp, their NTRB, or
another independent person to
help them arbitrate disputes about
membership.
Top End PBC similarly utilises
the Northern Land Council (NLC)
to help review their decisions
about membership. If the NLC
determines that a person is eligible
for membership the PBC must
approve the membership and in the
opposite case the PBC must cancel the
membership.
Gawler Ranges have established a
review panel to deal with disputes over
membership.
Ilkewartn Ywel and Mer Gedkem Le
PBCs both draw upon traditional
decision making processes to deal
with membership disputes. Ilkewartn
Ywel refers unresolved membership
applications to the senior ApmerekArtwey and Kwertengerl who then put
their resolution on the application to
the directors to vote.
Mer Gedkem Le similarly use the
Meriam Tribal Council to assist in
making decisions about membership
application.
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Women in Native Title: Native Title Report 2024
Anna wanted to know what other PBCs
around the country do and how they
deal with these issues. Specifically, Anna
was interested ‘to know how many other
corporations around Australia have this ruling
that you don’t even have to be of the same
Aboriginal group’.
Anna was also interested to know what other
PBCs do regarding the conflict between the
business side of the PBC and the cultural side.
Anna felt that on the one hand, the business
side of the PBC and compliance with the
regulations is all about white person’s law and
does not include culturally relevant ways of
decision-making and governance. However,
she also felt that cultural authority could be
wielded to undermine the new board.
Anna also discussed a lack of transparency
and communication with regards to the role
of Traditional Owners in the state governed
heritage processes. She reported that some
people had been given roles under the state
heritage legislation unbeknownst to others in
the group. The basis for these decisions was
unclear.
Anna has also witnessed the impact of the
role of professionals in the native title sector
on Lake Torrens. Anna told us that the way
native title claims by four different native
title groups from areas surrounding Lake
Torrens, including Anna’s, were put together
and lodged has left it vulnerable to mining
companies.85